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Brian Madigan LL.B., Broker
BRMadigan@Rogers.com

RE/MAX West Realty Inc.,
Brokerage
Independently owned and operated

96 Rexdale Blvd. 
Toronto, Ontario 


Phone: 416-745-2300

Cell: 647-404-8150 
Toll Free: 1-888-507-0817

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Posts filed under: Litigation

Market Drops, Buyer Defaults, Seller Gets Summary Judgment

July 31, 2019 - Updated: July 31, 2019Litigation

Market Drops, Buyer Defaults, Seller Gets Summary Judgment We know that 2017 was not a good year for residential real estate. The genera ...

Tagged with: defaulted real estate deal deposit forfeited judgment for deficiency ontario law

Defendant Cries Out "Family Matters" Too many Times

July 24, 2019 - Updated: July 24, 2019Litigation

Defendant Cries Out “Family Matters” Too Many Times All too often, people will seek some kind of indulgence and not really o ...

Tagged with: excuses adjournment greco v. padovani ontario courts law

5 Year Limit on Litigation

July 19, 2019 - Updated: July 19, 2019Litigation

Five Year Limit on Litigation Once you have commenced a lawsuit and presumably, you have done that within the 2 year limitation period, ...

Tagged with: lawsuits set down for trial 5 years claim struck out ontario law

Registration of Agreement of Purchase and Sale in Ontario

June 18, 2019 - Updated: June 18, 2019Litigation

Registration of Agreement of Purchase and Sale (Ontario) Question: The Sellers have refused to cooperate and move out as schedul ...

Tagged with: registration certificate of pending litigation specific performance ontario law

The Mitigation Timeline

June 7, 2019 - Updated: June 7, 2019Litigation

The Mitigation Timeline The Superior Court of Ontario recently released a decision dealing with the facts in a case where a Buyer defaul ...

Tagged with: defaulted agreement damages calculation mitigation frisee v arfa ontario law

Seller Successful in Damage Award following Defaulted Transaction

January 29, 2019 - Updated: January 29, 2019Litigation

Seller Successful in Damage Award following Defaulted Transaction The Ontario Court of Appeal dealt with a rather simple and straightfor ...

Tagged with: market falls buyer defaults damages for purchase price deficiency. vatcher v. quazi court of appeal ontario law

Can You Spot the Problem: Hydro Pole

January 18, 2019 - Updated: January 18, 2019Litigation

Can You Spot the Problem (Hydro Pole) Certainly it would seem very obvious that if the hydro pole is in the middle of the driveway, then ...

Tagged with: hydro pole setback committee of adjustments ontario law

Can You Sue for Misrepresentation After Closing?

January 3, 2019 - Updated: January 3, 2019Litigation

Can You Sue for Misrepresentation After Closing? That was the question that presented itself before the Supreme Court of Canada on 12 De ...

Tagged with: rescission contract misrepresentation innocent fraudulent derry v. peek redican v. nesbitt supreme court of canada

Purchaser Must Pay Damages for Repudiation of Contract

December 18, 2018 - Updated: December 18, 2018Litigation

Purchaser Must Pay Damages for Repudiation of Contract The Ontario Court of Appeal dealt with the repudiation of a contract arising out ...

Tagged with: defect title no repudiation liable for damages ontario law

Specific Performance Ordered for Commercial Transaction

December 6, 2018 - Updated: December 6, 2018Litigation

Specific Performance Ordered for Commercial Transaction The Ontario Court of Appeal recently looked at a case involving Specific Perfo ...

Tagged with: specific performance remedy commercial property ontario law

Specific Performance in Commercial Transactions

September 27, 2018 - Updated: September 27, 2018Litigation

Specific Performance in Commercial Transactions In most situations, specific performance, that is, an actual conveyance of the property ...

Tagged with: specific performance certificate of pending litigation cpl remedy damages not suitable commercial property ontario law

Is the Buyer Entitled to Vacant Possession?

September 10, 2018 - Updated: September 10, 2018Litigation

Is the Buyer Entitled to Vacant Possession? This was a question that arose in the recent case Sivasubramaniam v. Mohammad, 2018, decided ...

Tagged with: vacant possession agreement parol evidence entire agreement ontario law

A Community with a Dominant Culture Qualifies as “Unique”

September 6, 2018 - Updated: September 6, 2018Litigation

A Community with a Dominant Culture Qualifies as “Unique” The Ontario Court of Justice recently dealt ...

Tagged with: specific performance ontario breach of contract cultural community tamil ontario law

Uniqueness: Both a Subjective and Objective Test for Specific Performance

September 5, 2018 - Updated: September 5, 2018Litigation

Uniqueness: Both a Subjective and Objective Test for Specific Performance The Superior Court of Justice on a motion to grant Summary Jud ...

Tagged with: specific performance uniqueness gillespie subjective objective analysis ontario law

Specific Performance Considerations in Residential Transactions

September 4, 2018 - Updated: September 4, 2018Litigation

Specific Performance Considerations in Residential Transactions Recently, a Court in Newfoundland had to consider the application of the ...

Tagged with: specific performance semelhago uniqueness supreme court of canada ontario lawjohnson v. benjamin

Water Penetration in the Basement: Available Remedies

August 30, 2018 - Updated: August 30, 2018Litigation

Water Penetration in the Basement: Available Remedies The Buyers purchased a property less than two years ago. Following the closing the ...

Tagged with: water penetration defects latent patent disclosure ontario law

Uniqueness of a Property Qualifying for the Equitable Remedy of Specific Performance”

August 21, 2018 - Updated: August 21, 2018Litigation

Uniqueness of a Property Qualifying for the Equitable Remedy of Specific Performance” The leading case on Specific Performance is ...

Tagged with: specific performance semelhago uniqueness supreme court of canada ontario law

Specific Performance in Real Estate Transactions

August 21, 2018 - Updated: August 21, 2018Litigation

Specific Performance in Real Estate Transactions Do you get the property if the Seller changes his mind? The answer appears to b ...

Tagged with: contracts specific performance breach unique property measure of damages ontario law

Seller Defaults on Closing Time; Buyer Deposit Returned

July 4, 2018 - Updated: July 4, 2018Litigation

Seller Defaults on Closing Time; Buyer Deposit Returned While this situation may seem obvious, the matter went to the Ontario Court of A ...

Tagged with: seller defaults buyer gets deposit and costs seller not ready to close ontario law

When Does a Seller have to Mitigate in a Defaulted Real Estate Transaction?

April 17, 2018 - Updated: April 18, 2018Litigation

When Does a Seller have to Mitigate in a Defaulted Real Estate Transaction? This is an interesting question and hundreds of thousands of ...

Tagged with: contract formation deposit not necessary not consideration ontario law termination repudiation mitigation damages timing

Small Claims and the $50,000 Limit

February 18, 2018 - Updated: February 25, 2018Litigation

Small Claims and the $50,000 Limit By Brian Madigan LL.B. The jurisdiction of the “small claims” court in Ontario ha ...

Tagged with: small claims court 25 000 limit counterclaim ontario law

Real Estate Lawsuits and Contingency Fees

November 12, 2017 - Updated: November 12, 2017Litigation

Real Estate Lawsuits and Contingency Fees Lawyers often charge 15% to 35% fees computed on the total settlement of a client’s clai ...

Tagged with: lawyers lawsuits. contingency fees ontario law

Agent’s Negligence: Breach of Code of Ethics

November 6, 2017 - Updated: November 6, 2017Litigation

Agent’s Negligence: Breach of Code of Ethics There are a number of potential transgressions under the Code of Ethics which would suppo ...

Tagged with: lawsuit negligence code of ethics rebba ontario law

Agent’s Negligence: Breach of Real Estate and Business Brokers Act

October 24, 2017 - Updated: October 25, 2017Litigation

Agent’s Negligence: Breach of Real Estate and Business Brokers Act, 2002 Another source of laws involving real estate Agents is th ...

Tagged with: agents negligence rebba 2002 source liability ontario law

Agent’s Negligence: Breach of Contract at Common law

October 24, 2017 - Updated: October 24, 2017Litigation

Agent’s Negligence: Breach of Contract at Common law Aside and apart from the Agent’s fiduciary duties, an Agent is obligate ...

Tagged with: agent breach of contract negligence liability ontario law

Agent’s Negligence: Breach of Fiduciary Duties at Common Law

October 17, 2017 - Updated: October 17, 2017Litigation

Agent’s Negligence: Breach of Fiduciary Duties at Common Law These errors or omissions are really by far the most common and frequ ...

Tagged with: negligence real estate agents breach fiduciary duty ontario law

Real Estate Agents’ Liability in Negligence: Various Grounds

October 14, 2017 - Updated: October 15, 2017Litigation

Real Estate Agents’ Liability in Negligence: Various Grounds It’s entirely possible for real estate agents to make some mistakes ...

Tagged with: real estate agent liability negligence proof conduct grounds evidence expert witness ontario law

The Role of an Expert Witness in Real Estate

October 13, 2017 - Updated: October 13, 2017Litigation

The Role of an Expert Witness in Real Estate There are a variety of different roles for an Expert Witness in real estate matters. ...

Tagged with: expert witness real estate brian madigan ontario law

Comparing Mediation and Arbitration for Defaulted Real Estate Deals

October 10, 2017 - Updated: October 10, 2017Litigation

Comparing Mediation and Arbitration for Defaulted Real Estate Deals Mediation is much less expensive than Arbitration. If price is the m ...

Tagged with: mediation arbitration compared defaulted real estate ontario law

Arbitration will work for Defaulted Real Estate Transactions

October 10, 2017 - Updated: October 10, 2017Litigation

Arbitration will work for Defaulted Real Estate Transactions This is a companion article to the one on Mediation. The Spring GTA ...

Tagged with: arbitration default transactions seller remedies buyer deposit ontario law

Mediation as the Solution for Defaulted Real Estate Transactions

October 8, 2017 - Updated: October 8, 2017Litigation

Mediation as the Solution for Defaulted Real Estate Transactions The Spring GTA real estate market saw a sudden and unexpected increase in p ...

Tagged with: mediation defaulted real estate transactions bad market deposit sue buyer no closing ontario law

Market Defaults and Remedies

July 7, 2017 - Updated: July 7, 2017Litigation

Market Defaults and Remedies The current Toronto real estate market has been interesting and somewhat volatile. The actual reasons don&r ...

Tagged with: toronto market volatile june 2017 remedies litigation compromise settlement

Court Establishes Standard of Care for Home Inspector

January 14, 2017 - Updated: January 14, 2017Litigation

Court Establishes Standard of Care for a Home Inspector In Rimmer v. Building Insights Inc. (9 September 2013) Ontario Superior Court ...

Tagged with: home inspector standard of care law ontario applicable standard

Home Inspector Liable (No Expert Testimony)

January 12, 2017 - Updated: January 12, 2017Litigation

Home Inspector Still Responsible without Calling Expert Witness There was a recent case, namely Rimmer v. Building Insights Inc. (9 Se ...

Tagged with: home isnpsecvtor liability contract tort damages ontario law

Seller's Remedies Having Signed a Mutual Release

November 28, 2016 - Updated: November 29, 2016Litigation

Seller’s Remedies Having Signed a Mutual Release You can probably imagine that a Seller may be upset, sign a Mutual Release and ...

Tagged with: mutual release lawsuit agent negligence ontario law

Execution of The Mutual Release in Real Estate Transactions

November 28, 2016 - Updated: November 28, 2016Litigation

Execution of the Mutual Release in Real Estate Transactions The issue presents itself with every failed transaction. Sign the Mutual R ...

Tagged with: mutual release policies advice legal issues informed consent ontario law

Discovery of Defect Just Before Closing

October 12, 2016 - Updated: October 12, 2016Litigation

Discovery of Defect Just Before Closing What happens if a defect of some kind is discovered right before closing? This could ...

Tagged with: defect late discovery patent latent caveat emptor ontario law

Affidavit (the meaning)

September 12, 2016 - Updated: September 12, 2016Litigation

Understanding what an "Affidavit" Means The latin term "affidavit" is a very common term used in law. Translated, ...

Tagged with: affidavit explained meaning ontario law

Lawsuit Unsuccessful - Not Enough Defendants

September 6, 2016 - Updated: September 6, 2016Litigation

Lawsuit Unsuccessful – Not Enough Defendants We are still having a look at the “buildable lot” case, Drolet v. Re/Ma ...

Tagged with: misrepresentation lawsuit defendants settlement missing township risky lawsuit ontario law

False Representation Made by Agent without Liability

September 6, 2016 - Updated: September 6, 2016Litigation

False Representation Made by Agent without Liability This is the “buildable lot” case, Drolet v. Re/Max Riverview (2016) a ...

Tagged with: false statement negligent statement no reliance no liability buildable lot ontario law

Township Officials Go Soft with Mushy Memories

August 31, 2016 - Updated: August 31, 2016Litigation

Township Officials Go Soft with Mushy Memories There are quite a few important elements in the Drolet v. Re/Max Riverview case in 2016 ...

Tagged with: lawsuits witnesses memories lies deceit recollection ontario law

Liability for Consequential Losses

August 30, 2016 - Updated: August 30, 2016Litigation

Liability For Consequential Losses We are still looking at Drolet v ReMax Riverview Realty Ltd (2016). In this case, the plaintiff pur ...

Tagged with: drolet remax riverview losses calculation small claims court ontario law

Buyer's going to Fail - No Expert Witness

August 29, 2016 - Updated: August 29, 2016Litigation

Buyer’s Going to Fail – No Expert Witness In Drolet v ReMax Riverview Realty Ltd., (2016) the plaintiff purchased a proper ...

Tagged with: no expert no evidence no success lawsuit against professional real estate agent ontario law

Buyer Sues Agent for Misrepresenation

August 26, 2016 - Updated: August 26, 2016Litigation

Buyer Sues Real Estate Agent for Misrepresentation This is an interesting case. It raises a number of important issues which we will l ...

Tagged with: samall claims court lawsuit real estate agent misrepresentation ontario law

"Stare Decisis" (the Law's Binding System of Precedents)

August 24, 2016 - Updated: August 24, 2016Litigation

Meaning of “Stare Decisis” (Ontario Law) The latin expression "stare decisis" is probably the most important lat ...

Tagged with: stare decisis court system binding precedents rule of law justice is blind ontario law

Two Parts of Every Legal Decision

August 23, 2016 - Updated: August 23, 2016Litigation

The Two Parts of Every Legal Decision If a Judge has issued “Reasons for Judgment”, then you will find that there are two ...

Tagged with: ratio decidendi obiter dicta reasons judgment ontario law

Succesful Bidder Sues His Own Agent for Appraisal Shortfall

June 28, 2016 - Updated: June 28, 2016Litigation

Suing the Buyer’s Agent for the Shortfall in Valuation after the Bidding War Can a successful bidder sue his own Agent after the ...

Tagged with: agent bidding wars valuation shortfall appraisal lawsuit deficiency ontario law

Suing the Appraiser for the Shortfall in Valuation

June 26, 2016 - Updated: June 28, 2016Litigation

Suing the Appraiser for the Shortfall in Valuation We are still looking at the situation where Bill submitted an unconditional Offer i ...

Tagged with: bidding war high price valuation shortfall remedies sue appraiser ontario law

Bidding Wars - High Bidder with Property Appraisal Issues

June 26, 2016 - Updated: June 26, 2016Litigation

Bidding Wars – High Bidder and Property Appraisal Issues There is a relatively new phenomenon involving the failure of a propert ...

Tagged with: bidding wars no conditions no appraisal condition value short money default remedies ontario law

Filing Notice of a Lawsuit (CPL)

May 3, 2016 - Updated: May 3, 2016Litigation

Filing a Notice of a Lawsuit There is a procedure available in Ontario which is a very effective remedy. Oftentimes, the success of a ...

Tagged with: certificate of pending litigation lis pendens cpl lawsuit interest in land ontario law

Even Liars Can Win in Court

October 4, 2015 - Updated: October 4, 2015Litigation

Even Liars Can Win in Court Credibility Doesn’t matter more than the Law! The case of D’Atri v. Chilcott (1974) ...

Tagged with: liars lies untrustworthy witness ontario law

Small Claims Court Cases as Precedents

August 24, 2015 - Updated: August 24, 2015Litigation

Small Claims Court and Precedent Setting Cases Small Claims Court decisions are not precedent setting. There is no lower Court upon wh ...

Tagged with: courts small claims predcents ontario law

Brian Madigan LL.B., Broker ~ Arbitrations

May 9, 2014 - Updated: May 9, 2014Litigation

If you are interested in having your real estate dispute resolved, consider arbitration rather than litigation. The dispute will be re ...

Tagged with: arbitrations arbitartor real estate ontario law

Buyer Fails to call Expert Witness - Loses Case Against Agent

July 31, 2013 - Updated: July 9, 2016Litigation

In a recent case in a Kitchener Small Claims Court * a buyer lost her case based in professional negligence against the listing agent. ...

Tagged with: expert evidence professional standards negligence proof ontario law

Litigation Timeline

April 30, 2013 - Updated: April 30, 2013Litigation

How long does litigation take? Let’s have a look at a real case, namely Krawchuk v. Scherbak. The purchaser bought th ...

Tagged with: litigation times real estate

Brian Madigan LL.B. Broker

RE/MAX West Realty Inc. Brokerage

Independently owned and operated

96 Rexdale Blvd. , Toronto Ontario,

Phone: 416-745-2300

BRMadigan@Rogers.com

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